A federal appeals court on Tuesday reinstated an Americans with Disabilities Act claim against a restaurant in Compton, California.
George Jones, who has lost function on the left side of his body due to a stroke and relies on a cane, sued Sinaloence Food Products & Services Inc., which operates Tacos El Sinaloence, in US District Court in Pasadena, accusing the restaurant of failed to comply with California access standards, according to the ruling of the 9th US Circuit Court of Appeals in San Francisco in George Jones v. Sinaloence Food Products and Services Inc.
The district court dismissed the case against the restaurant, which was not represented by counsel.
The case was reopened by a three-judge court panel. Because Mr. Jones submitted an affidavit that he had visited the premises and personally encountered barriers related to his disability that deterred him from returning, the district court erred in concluding that he did not have standing to seek relief under the ADA, the panel ruled.
The case was remanded to the lower court to try Mr. Jones̵7; motion for default judgment.
Attorneys for the plaintiffs did not respond to a request for comment.
In October, a federal appeals court reopened a discrimination lawsuit against a hotel filed by a self-proclaimed “tester,” who has filed hundreds of similar lawsuits.